Distance shopping

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If you wish to buy goods or services as a private consumer in another country of the European Union, you have the same rights as a citizen of that country, even if you do not purchase your goods in a shop, but by means of ‘distance shopping’. You can do this for example online, by telephone or through an order coupon in a foreign newspaper or magazine. In order to promote the 'free movement of goods and services' in the EU, a Directive has been drawn up with the aim of protecting European consumers. The rules of this Directive apply in all EU Member States.

What does the EU Distance Selling Directive cover?

Most products and services are covered by these rules, although there are exceptions. The main exemptions are as follows:

  • Products which you buy from another private individual.
  • Contracts for financial products or services.
  • Contracts for the provision of transport, accommodation, restaurants, concerts (catering or leisure services) and other services where the seller/supplier undertakes to provide those services by a specific time or date.
  • Contracts for the construction and sale of real estate.
  • Food, drink or other articles for frequent household use delivered to your home or work.
  • Products or services sold by auction.

What minimum information must a seller give you?

Before the distance contract is made, the seller is obliged to give you at least the following information in a clear and comprehensible manner:

  1. The name of the company and also the company’s address, if advance payment is requested. In the case of a sale by telephone, you must also be told at the beginning of the call that it is a commercial offer.
  2. The main characteristics of the goods or services being offered.
  3. The price, including taxes and delivery costs, where applicable.
  4. How payment, delivery and performance of the contract will be made.
  5. That a right to cancel exists, i.e. that you can cancel your order within 7 working days.
  6. The cost of communication, if it is above a basic rate (this applies in particular to orders placed by telephone).
  7. How long the price which has been quoted or the offer will apply.
  8. In the case of a continual or regularly recurring service or a serial delivery: the minimum duration of the contract.

When must you be given this information in writing?

The supplier must send you all the above obligatory information in writing in good time and in any event upon delivery at the latest. This information may also be sent to you by e-mail. The information must include the address where you may send any complaints. The seller must also tell you of any warranties and after-sales services that are available. In the case of contracts with a term of one year or longer, you must also be informed of the conditions for terminating the contract

What does your ‘right to cancel’ ('cooling off period') entail?

All products which you buy under a distance contract (i.e. online, by phone or mail) within the EU are subject to a right to cancel. This is a 'cooling off period' of at least 7 working days during which you are entitled to cancel the purchase. The only costs which the supplier may charge you in this regard are the costs for returning the product which you decide, on closer consideration, that you do not want.

  • In the case of goods, the cooling off period commences on the day you received the product(s) you had ordered, provided that you have received all obligatory information by that date.
  • In the case of services, the cooling off period commences on the day you conclude the contract, provided again that you have received all obligatory information by that date.

If the supplier has not complied fully with his obligation to provide information or has only partly complied with this obligation, the cooling off period is automatically extended to 3 months. If the supplier provides the obligatory information late, but within 3 months of the start of the contract, the cooling off period commences on the date on which you receive the information. If you exercise your right to cancel and you have already paid (or made part payment) for the product then the supplier must refund you the entire amount within 30 days. The supplier may only deduct the costs of sending the product back from this refund.

For which products do you have no right to cancel?

For the following articles:

  • Products which have been ordered to size.
  • Sealed products, if the seal is broken (e.g. CDs, CD ROMs, DVDs, etc.)
  • Perishable goods, personal items and magazines and newspapers.

Within what period must your order be delivered?

If you order a product under a distance contract, the trader must deliver your order within 30 days. If you order by mail, this period commences on the day following the day on which you posted your order.

What if an order cannot be delivered?

If a product or service which you have ordered is not (or is no longer) available, the trader must inform you of this. If you have made any (advance) payments, these must be refunded to you within 30 days. The trader may only send you a replacement of equivalent quality and price, if you have been informed in a clear and comprehensible manner in advance that the trader has this option. In that case the alternative product is not considered to have been ‘sent to you without having been ordered’. Naturally, you still have the right to cancel the contract.

What is the situation regarding products which are sent to you without having been ordered?

In all EU countries it is forbidden to send products with a request for payment, if they have not been ordered. If you are sent something which you have not ordered, you do not have to pay the enclosed invoice. Nor are you obliged to return the article. Any failure to reply on your part can never be interpreted as your consent for the delivery.

What is the best way to pay for goods or services purchased under a distance contract?

Often you are required to pay in advance or make a down payment for goods or services purchased under a distance contract. You can make payment to a trader abroad using your credit card. It is then easier to get your money back if:

  • the product is not delivered.
  • the trader suddenly asks a higher price.
  • you wish to exercise your right to cancel.
  • money is deducted from your account without your permission.

In all the above cases you must first contact the trader and ask for a full refund of your money. If the trader refuses or if you do not receive any refund, you should contact your credit card company as soon as possible. Tell them that you wish to reverse the payment. The credit card company will inform you what to do. If the company accepts payment through Ideal or PayPal, you can be sure that your payment will be made securely.

How do you know whether you can trust a foreign trader?

You can take various steps to limit the risk of purchasing products under a distance contract:

  • Check what the trader does with your personal details. A bona fide company will have a privacy policy.
  • Take steps to prevent your payment details falling into the wrong hands. So, check whether you are paying via a secure page. Check, for example, whether a padlock symbol is displayed at the bottom of the page on which you enter your personal and payment details and that the URL of the website starts with https://
  • Check whether the trader is a member of a trade association or has been awarded another quality or trust mark. Many bona fide Dutch webshops in the Netherlands are members of the Thuiswinkel (home shopping) trade association (www.thuiswinkel.org). If you do have a problem, you can refer it to the Dutch alternative dispute resolution body (www.sgc.nl). If you would like more detailed information on e-commerce quality or trust marks in other EU Member States, you can download the report E-commerce Trustmarks in Europe.

Who can you turn to, if you have a question or complaint?

Try to resolve any dispute about a product purchased under a distance contract with the trader first. If this does not work, you can submit a complaint to the ECC. You can also contact the ECC if you have a question about purchasing a product under a distance contract in the EU.

Tips:

  1. Check whether a trader gives his address as well as all obligatory information. An e-mail address is not enough!
  2. When online, be as critical as if you were physically in a shop.
  3. Ask for the seller’s terms and conditions. (and read them)